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Criminal Procedure Commons™

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1991

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Institution
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Articles 91 - 120 of 148

Full-Text Articles in Criminal Procedure

The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby Jan 1991

The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby

Articles

No abstract provided.


Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow Jan 1991

Selecting Impartial Juries: Must Ignorance Be A Virtue In Our Search For Justice -- Welcome And Statement Of The Issue, Fred H. Cate, Newton N. Minow

Articles by Maurer Faculty

No abstract provided.


The United States Sentencing Guidelines: Justice For All Or Justice For A Few, Jim Mchugh Jan 1991

The United States Sentencing Guidelines: Justice For All Or Justice For A Few, Jim Mchugh

Villanova Law Review (1956 - )

No abstract provided.


University Of Richmond Law Review Jan 1991

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin Jan 1991

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

During the past year, the Virginia Court of Appeals continued in its role as the most significant contributor to criminal case law. The court ruled on a myriad of issues; the recurring topics involved arrest and investigatory detention, self-defense, the execution of search warrants, double jeopardy, the admissibility of eye-witness identification, and the circumstances and admissibility of a police interrogation. Also, the court ruled on numerous trial and procedural questions regularly encountered by the circuit courts and criminal practitioners.


Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins Jan 1991

Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins

Loyola University Chicago Law Journal

No abstract provided.


Civil Rights Clause Jan 1991

Civil Rights Clause

Touro Law Review

No abstract provided.


Grand Jury Jan 1991

Grand Jury

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Grand Jury Jan 1991

Grand Jury

Touro Law Review

No abstract provided.


Prohibition Against Use Of State Money For Private Undertaking Jan 1991

Prohibition Against Use Of State Money For Private Undertaking

Touro Law Review

No abstract provided.


Jurisdiction Of The County Court Jan 1991

Jurisdiction Of The County Court

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports Jan 1991

Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports

Faculty Scholarship

After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …


To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth Jan 1991

To Tell What We Know Or Wait For Godot?, Phoebe C. Ellsworth

Articles

Professor Elliott raises two questions about the American Psychological Association's practice of submitting amicus briefs to the courts. First, are our data sufficiently valid, consistent, and generalizable to be applicable to the real world issues? Second, are amicus briefs adequate to communicate scientific findings? The first of these is not a general question, but must be addressed anew each time the Association considers a new issue. An evaluation of the quality and sufficiency of scientific knowledge about racial discrimination, for example, tells us nothing at all about the quality and sufficiency of scientific knowledge about sexual abuse. "Are the data …


Self-Defense As A Justification For Punishment, George P. Fletcher Jan 1991

Self-Defense As A Justification For Punishment, George P. Fletcher

Faculty Scholarship

There are few legal ideas as basic as the principle of legitimate self-defense. Every individual, it is said, has the right to defend his or her person, property or living space against wrongful aggression and, if necessary, to kill the aggressor. This principle is so deeply ingrained in our legal thinking that it is difficult to imagine a legal system that did not acknowledge it. The concept of having rights would be virtually toothless unless we could use force to vindicate our rights against aggression.

The notion of having rights is less well-accepted in Jewish law than are the ideas …


Understanding Teague V. Lane, John H. Blume, William Pratt Jan 1991

Understanding Teague V. Lane, John H. Blume, William Pratt

Cornell Law Faculty Publications


Merciful Juries: The Resilience Of Jury Nullification, Alan W. Schefin, Jon M. Van Dyke Jan 1991

Merciful Juries: The Resilience Of Jury Nullification, Alan W. Schefin, Jon M. Van Dyke

Washington and Lee Law Review

No abstract provided.


The Great Repression: Criminal Punishment In The Nineteen-Eighties, Michael Mandel Jan 1991

The Great Repression: Criminal Punishment In The Nineteen-Eighties, Michael Mandel

Articles & Book Chapters

No abstract provided.


Applying Washington's Sentencing Reform Act To Mandatory Life Prisoners: An Ex Post Facto Violation, Steven J. Samario Jan 1991

Applying Washington's Sentencing Reform Act To Mandatory Life Prisoners: An Ex Post Facto Violation, Steven J. Samario

Washington Law Review

Following the 1989 session of the Washington Legislature, the Indeterminate Sentence Review Board (Board) began redetermining the minimum terms of prisoners serving a mandatory life sentence for crimes committed before July 1984. To calculate these new minimum terms, the legislature directed the Board to apply the same sentencing ranges enacted in the Washington Sentencing Reform Act, which took effect July 1, 1984. This Comment analyzes whether the state violated the United States Constitution when it ordered that these minimum terms be redetermined. It concludes that Washington courts should void the state's action because it violates the constitutional prohibition against ex …


Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman Jan 1991

Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman

Publications

No abstract provided.


The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman Jan 1991

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.


Criminal Procedure: United States V. Noriega: Criminal Forfeiture Of Attorney Fees And Due Process Requirements, Nathan Whatley Jan 1991

Criminal Procedure: United States V. Noriega: Criminal Forfeiture Of Attorney Fees And Due Process Requirements, Nathan Whatley

Oklahoma Law Review

No abstract provided.


The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger Jan 1991

The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger

Faculty Works

No abstract provided.


Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder Jan 1991

Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder

Faculty Works

No abstract provided.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.